If employees cannot get into work because snow has disrupted travel, or because schools are closed, do they still have the right to be paid for that day?
Generally speaking. if an employee does not work, even though the circumstances are beyond their control, they are not entitled to be paid.
Whilst employees do have legislative protection against any unauthorised deduction being made from their pay the facts are that they are not fulfilling their side of the contract (to be willing and able to work), so the employer has no obligation to fulfil their part of the contract (to provide pay). Consequently any action brought against the employer for an unlawful deduction from wages is unlikely to be successful.
In any case, it is now common for contracts of employment to include a term specifically stating that if the employee can't get to work because of adverse weather, they are not entitled to be paid for that day. This entitles the employer to make a deduction from the employee's wages.
Employees should remember, however, they should not be disciplined or dismissed as a result because they were absent due to circumstances beyond their control. The most important thing is to get in touch with your employer as soon as you think it unlikely that you will be able to get to work. Not all employers will take the same approach to your absence so it is best to give as much notice as possible and clarify how your absence will be treated. Some employers will take no action, some may ask you to take the day as a holiday, some may state that you will therefore not be paid for this day.
Employers should try to have a policy in place for this type of absence and apply it consistently in the workplace. If they do so employees will be aware of how their absence will be treated in advance and accordingly a dispute over leave or pay is less likely.
The situation would be different if an employee is/was willing to work and able to get to the workplace, but was instructed by an employer not to attend because the business was closed or required less staff because of the weather conditions. Under these circumstances the employee is entitled to be paid as they were prepared and able to fulfil their side of the contractual arrangement with their employer.
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If an employee's child's school has closed because of the weather and there is nobody to look after the child at such short notice, what are the implications for that parent? |
Employees have the right to unpaid time off to deal with emergency situations regarding their dependents. While this would not normally apply to a situation where the employee was required to look after their children as a result of not having any childcare arrangements, last minute school closures which are announced in the morning would be seen as constituting an emergency situation and employees would be entitled to statutory protection for taking the day off. Again the employer would be entitled not to pay the employee for this day, but may choose to do so.
If you have a specific query about your employment rights please contact your local Citizens Advice Bureau.